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Attorney General Mike Hunter advised the National Board of Health to repeal some of the rules that he approved a week ago, which has attracted so far two lawsuits.
Several rules, including the requirement for pharmacies to hire a pharmacist Smokable products and limiting the level of THC in marijuana products seem to exceed the authority of the council under the State issue 788, said Hunter in a press release Wednesday
Tom Bates, Acting Commissioner of the State Department of Oklahoma. a letter sent Monday to Hunter for advice on the procedure to follow in case of ongoing prosecution.
"The current rules contain provisions inconsistent with the wording of Question 788 and the Public Health Board acted on it to enact them," Hunter said in a press release. Did not support the 788 state issue, the people of the state spoke and I have the legal duty to honor the decision made by the electorate. "
The ordinary use of the terms "use" and "consume" The SQ 788 marijuana would allow smoking, and the text allowed the owners to own parts of the plant used for smoking, Hunter said in the letter. Accordingly, the Board can not prohibit the sale of smokable products, he said.
SQ 788 has limited food safety and sanitation standards to food standards, as Hunter does in a letter to Bates It is clear that requiring dispensaries to hire a pharmacist exceeds this power, he said.
"The board has not received any express or implied authorization to impose additional requirements on licensees. with the board's rules limiting the locations of dispensaries; prohibit clinics from sharing space with other companies; require closed structures for any growth and transformation of marijuana; force marijuana-related businesses to buy a bond, which is a kind of insurance; limit opening hours of clinics; and cap the concentration of tetrahydrocannabinol, the psychoactive chemical in marijuana.
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